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Sweeps and Lapses: The mystery of the General Fund

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By ART CHANCE

Yesterday the media erupted with talk about “accounting quirks” and sweeps, like this is some sort of governmental arcana that only the initiates could comprehend.

It’s really pretty simple stuff and the bureaucrats mystify it to confuse the public and simple-minded reporters.

Here’s the first rule: The Alaska Constitution, with some very old and limited exceptions, prohibits dedicated funds; in other words, no general revenue can be dedicated to a specific purpose unless specifically appropriated to that purpose, and Operating Budget appropriations are only good for one fiscal year.

This is a real hindrance to bureaucrats.

I really don’t know if this stuff was around earlier, but I only became aware of something called “sub-funds of the General Fund” in the Nineties. Maybe they’d been playing this game all along and I only got far enough up the food chain to know about it by then.

Here’s the rule if you follow the Constitution: at midnight on June 30 any appropriated funds not expended or already obligated lapse back to the general fund. That’s why bureaucrats go on spending sprees in May and June; if you don’t spend it, you lose it, and not only do you lose it, if you don’t spend it your base is reduced for the next year. We can talk about how stupid that is later.

Somewhere along the way the bureaucrats developed the concept of sub-funds of the General Fund in which rather than lapsing money, they kept the money in their budget as what was essentially a slush fund.

In the Nineties when I worked for the Legislature, the great threat to the bureaucrats was sweeping the sub-funds.   A sweep was DefCon 2, going to the Constitutional Budget Reserve and needing a three-quarter vote was DefCon 1 in Legislative nuclear war.

Sometime in the Palin/Parnell/Walker years the sub-funds came to be known as “designated general funds.”  Frankly, there is no such thing and the whole concept is unconstitutional. There is no such thing as designated General Funds.

So what Legislative Budget Director David Teal et al. are talking about is what back in a sane world was once  known as lapses: If you didn’t spend it, at midnight like Cinderella’s slipper, it disappeared into the General Fund.

The dirty little secret of State government is that it is nobody’s job to ensure that the State obeys the law and follows the rules, so unless somebody gets angry enough about something and is well-connected enough to get a powerful legislator’s attention, nobody is really going to look into what the Executive Branch does.

Here’s the reality: At 12:01 am on July 1, the State has no Operating Budget money. They can talk about sub-funds, but let’s talk about the appropriation that supports that sub-fund; there isn’t one. It is all a fiction.

The State has created some funds like Power Cost Equalization or the “forward funding” of Education. It is highly questionable whether any of these and other similar funds are Constitutional. Now, the current propaganda is a scare tactic for rural legislators; nobody in rural Alaska wants to pay what their electricity actually costs, but it is a legitimate question whether the PCE fund is legal; my thought is that it isn’t, but it is politically expedient.

So, we’re playing political “chicken.”  I’m no fan of Power Cost Equalization, but I think we ought to at least have a robust debate about it. This is just “gotcha” politics. The State has money in coffee cans and mattresses on the 11th Floor of the Juneau State Office Building.   If you want a sweep, sweep the sub-funds, sweep the “appropriated but unexpended” Capital funds. There is a lot of money lying around.

This isn’t an argument for a $3,000 Permanent Fund dividend, because I’m not a dividend fan; we have far too many lower class and emotionally disturbed here living off welfare, crime, and the dividend.

But Alaska isn’t broke; we’re just letting the bureaucrats dictate the terms of our budget.

Art Chance is a retired Director of Labor Relations for the State of Alaska, formerly of Juneau and now living in Anchorage. He is the author of the book, “Red on Blue, Establishing a Republican Governance,” available at Amazon. 

Sine dead: House, Senate gavel out with no PFD

WASILLA, HERE THEY COME

The Alaska House Majority gaveled out of Special Session today, and the Senate followed shortly thereafter.

There’s no Permanent Fund dividend yet, and the capital budget has no funding source. K-12 education funding for the fiscal year starting July 1 has not been appropriated, and the governor and Legislature may be heading to court over that to resolve the constitutional question of forward appropriations.

Gov. Michael Dunleavy quickly issued a proclamation calling the Alaska Legislature into special session to provide for a full PFD as outlined in Alaska statute.

He did not place the capital budget on the call for special session, but he did name Wasilla as the location, and the start date is July 8.

The governor’s office has suggested Wasilla Middle School, since the school district has offered it for free, but the Legislature doesn’t have to accept that location. Some have said that Senate President Cathy Giessel and House Speaker Bryce Egmon will gavel in and gavel out, and then reconvene in Anchorage.

“At this point, a change in venue is necessary to refocus the conversation and remind lawmakers about the people and their PFD. Once the issue of the PFD is solved, these other budgetary issues will fall into place quickly,” Dunleavy said in a statement.

Dunleavy will hold a press conference at Wasilla Middle School on Friday at 10 am to discuss the upcoming special session.

House Minority Leader Lance Pruitt said the Democrat-led Majority had wasted time and money and accomplished little.

“Let me be clear: we are not even close to being finished with the people’s work,” Pruitt said. “The House Majority has wasted months of legislative time this year, and now they’re forcing Alaskans to pay for yet another special session so they can continue their delay of necessary government spending reform. Adjourning without answering these important questions is a grave miscarriage of the people’s trust, and I, for one, am extremely disappointed. We offered solutions to these questions months ago. They decided to start the conversation after 149 days.”

This is the first time in Alaska history that the Legislature has adjourned without funding a Permanent Fund dividend. There is also no capital budget.

Senate President Cathy Giessel released the following statement:

“This Legislature passed the smallest operating budget in more than a decade, made the largest single deposit into the Permanent Fund in history, and strengthened our criminal laws by repealing and replacing Senate Bill 91, but the people’s work is not finished.

“We are committed to working with our colleagues in the House, and the governor, to fully fund a capital budget and reach agreement on the Permanent Fund dividend. As stewards of Alaska’s vast resources, it’s critical we act in the best interest of all Alaskans, including those not yet born.”

Attack on oil tankers in Gulf of Oman may bump Alaska crude price

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The attacks on two oil tankers in the Gulf of Oman made oil trading prices gyrate on Thursday. One was torpedoes and the other is believed to be attacked by a bomb.

Brent crude jumped as high as $62.50, more than a $2.50 hike, but settled as the day wore on. The price is still up by $1.50 as of this report (11: 30 am June 13). Alaska crude prices typically follow a day later as they are not tracked in the same way as other world oil prices.

June is typically a lackluster time for oil demand as the summer travel season is just starting and heating oil needs are waning. But attacks like the one that occurred today typically drive market reactions, said Randy Ruedrich, a petroleum economist in Anchorage, who has been following the events of the day.

“The world is awash in crude during the low-demand season. We have more supply than is needed in late spring,” Ruedrich observed.

The two oil tankers that were attacked on Thursday are adrift in the Gulf of Oman, and the U.S. State Department is blaming the government of Iran, which may have staged the attack by proxy.

“There are many vassals in the area who could be paid to launch attacks,” Ruedrich said.

“It is the assessment of the United States government that the Islamic Republic of Iran is responsible for the attacks that occurred in the Gulf of Oman today,” U.S. Secretary of State Mike Pompeo said today.

“This assessment is based on intelligence, the weapons used, the level of expertise needed to execute the operation, recent similar Iranian attacks on shipping, and the fact that no proxy group operating in the area has the resources and proficiency to act with such a high degree of sophistication,” Pompeo said. The State Department had earlier accused Tehran of being behind an attack on four tankers in the same area on May 12.

Oil prices have been dropping steadily for the past month. North Slope crude from Prudhoe Bay was selling for more than $70 a barrel in the winter, but is down to $62.92 today.

The photo above was taken by the Iranian Student News Agency, which reported that the oil tanker Front Altair (operating under a Marshall Islands flag) and Kokuka Courageous (Panama flag) were the two tankers hit. The crews of the two tankers have been evacuated with no injuries reported.

Just wondering

By THE ANCHORAGE DAILY PLANET

It is easy to understand why so many Alaskans harbor deep reservations about their Legislature. A “compromise” budget with no Permanent Fund dividend. A budget with no funding for constitutionally required K-12 education. The list goes on.

Take, for instance, Sen. Elvi Gray-Jackson, D-Anchorage, and her votes on this year’s statutorily required $3,000 Permanent Fund dividend. She was for it until she voted to kill it in a procedural vote.

The Anchorage Daily News reports her as saying:

“I voted for a $3,000 Permanent Fund dividend three times … but right now, I just want to see us continue to work together and come to some kind of consensus on what the dividend’s going to be so we can just move on.”

The last vote earlier this week for the $3,000 dividend failed in a 10-10 tie after she changed from a “yea” to a “nay.”

Pardon us for pointing this out, but many Alaskans are wondering why a “yes” vote for the dividend would not have allowed the Senate to “just move on.”

Alaska Life Hack: Where are all the pot shops located in Anchorage?

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THIS MUNI MAP CAN HELP YOU LOCATE NEARBY HERBERY

Anchorage is thriving, if pot shops are any measurement. Since legalization of commercial cannabis sales, cultivation, and manufacturing, it seems like the only businesses opening up these days are pot shops.

In fact, there is one cannabis license for every 5,000 residents in the municipality, but the vast majority of the blooming businesses are located in a rectangle along the central corridor, from 4th Avenue downtown south to O’Malley, with Minnesota on the west and New Seward Highway as the eastern boundary.

The Municipality of Anchorage has published a map showing where all the commercial cannabis establishments are, a map that shows how far they need to be to be legal distance from controlled zones, such as schools and day care centers.

The map allows the user to explore the current licensees and land use special permit applications. One need just click on one of the color-coded points on the map to learn more about the license. And you can zoom in to get a good sense of the nearby commercial features of the neighborhood.

For instance, all marijuana establishments must be 500 feet from a primary or secondary school. Those licenses in existence before January, 2017 are grandfathered at their locations, even if they are closer than the municipal law currently allows.

The Anchorage pot purveyor map can be found at this link.

There are 71 marijuana stores, cultivation facilities, and manufacturing operations operating in the Anchorage bowl, with two more in the approval process with the Assembly and eight queued up at the Marijuana Control Board.

You can learn more about two of those applications with the municipality of Anchorage — one in Jewel Lake and one in Girdwood — at this link.

The Assembly’s Community and Economic Development Committee will consider those two applications on Thursday, June 13  at 9 am in the Development Services Conference Room #170, 4700 Elmore Road Anchorage.

To learn about completed applications of new marijuana businesses that are now growing like weeds around the state, and to see the associated deadlines for posting comments on the proposed locations, visit this state link.

Don’t punish Floyd and the A-Team; work with them

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By VAL VAN BROCKLIN

Floyd Hall is becoming a folk hero. He’s a core member of a loosely affiliated group that calls themselves the “A-Team” which has turned their frustration at the surge in car thefts into trying to help the police department.

They coordinate on Facebook, and Hall estimates he, along with the A-Team volunteers, have helped find and recover 400 or more stolen vehicles. That effort got Hall charged by Anchorage police with the misdemeanor crime of reckless driving.

Seems Hall spotted a white truck with stolen plates and chased it. According to police, Hall drove at high rates of speed. Hall says he wasn’t driving that fast and wasn’t trying to do anything that crazy. The pursuit ended with the stolen truck stopping and one of its occupants getting out and shooting at Hall’s car.

[Read: Alaska Stolen Vehicle Recovery: An hour with the A-Team]

In court, Hall was offered a 30-day sentence with 30 days suspended, and a fine. He plans to fight the charge. He was accompanied in court by fans wearing “Let Floyd Go!” T-shirts.

The city’s offer would saddle Hall with a criminal conviction and require the seasonally employed snowplow driver living on a fixed income to pay a fine he likely can ill afford. That would be his reward for trying to help the police and a community increasingly victimized and frustrated by a rise in property crime.

I understand the city’s concern with the danger of speeding car chases and criminals shooting at volunteer citizen activists. But even assuming the city can prove Hall drove “in a manner that creates a substantial and unjustifiable risk of harm to a person or to property” – a requirement for a reckless driving conviction – there’s a much better way to handle this case.

Community-oriented policing promotes the use of partnerships and problem-solving to address public safety issues. The city has a unique opportunity to do that with Floyd Hall and the A-Team.

First, the municipal prosecutor should offer Hall a suspended imposition of sentence on two conditions: 1. he meet with a police member of the property crimes unit and the two arrange a meeting with members of the A-Team to discuss safe and legal ways for team members to help the police; and 2. he have no other driving violations for 30 days. If the prosecutor’s office wants to keep a fine in place they should agree it’s been paid (many times over) by the volunteer community work service Hall has already provided in the recovery of numerous stolen vehicles. A suspended imposition of sentence means Hall could clear his record of the criminal conviction if he meets the conditions.

But the city shouldn’t stop there. The meeting with the A-Team (which could involve a municipal prosecutor explaining the law regarding defense of property and citizen arrest authority) could be a first step in forming a longer-term, problem-solving partnership.

The U.S. Department of Justice has an Office of Community Oriented Policing Services (COPS Office) responsible for advancing the practice of community policing by the nation’s state, local, territorial, and tribal law enforcement agencies through information and grant resources. Their website has information about how to apply for grants to fund cooperative agreements between a group like the A-Team and the police department.

Presumably the city has employees familiar with grant writing. Such personnel might also be enlisted to assist with a COPS grant application that could fund some of the A-Team’s training and efforts and coordination with the police department. Maybe these volunteer citizen activists could at least get gas money for their efforts. And maybe the city could find a way to provide them some free recognition and appreciation.

The police department has a Citizen Police Academy designed to promote and enhance citizen understanding and awareness of the role of the Anchorage Police Department within our community. Perhaps that should be expanded to include ways that citizens can help make their communities safer in partnership with the police, with Floyd and the A-Team as an example. They already have expertise in using social media to launch and coordinate citizen activism.

The Mayor’s Office has a Public Safety Advisory Commission that identifies public safety issues of concern to the citizens of the municipality and advises the mayor and Assembly on these issues. The commission purportedly accomplishes this by soliciting input from the public and working closely with the Anchorage Police Department, Anchorage Fire Department, and Office of Emergency Management. The commission is supposed to meet on the second Wednesday of every month. They should invite Hall and the A-Team to come give them input on the rising stolen car problem.

It takes a community to solve a community’s problems. Floyd Hall and the A-Team are trying. They deserve support and direction – not punishment.

Val Van Brocklin is a former Alaska state and federal prosecutor who trains professionals on criminal justice topics nationwide. She lives in Anchorage.

Sitka fires city administrator in contentious meeting

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Sitka City Administrator Keith Brady, on the job for less than two years, was released by the Assembly on Tuesday night during an emotional meeting that involved the banging of the gavel by Mayor Gary Paxton, and Vice Deputy Mayor Valerie Nelson opining that she wished she had a bottle of red wine to ease the anxiety of the decision.

The motion was sponsored by Assembly members Aaron Bean, Kevin Mosher, and Richard Wein. In the end, it passed four to three, with Nelson joining the three makers of the resolution.

Brady was allowed to make a comment before the public comment period began. He said the resolution to remove him was not a surprise since he had been given an unsatisfactory review in April, with no path given to him for attaining a satisfactory review. He said the Assembly was there to legislate, and the administrator’s job was, with staff, to figure out “how” to achieve the direction of the Assembly. Brady said he loves Sitka and doesn’t plan to leave.

Brady and his supporters were adamant that the matter not be handled in executive session, so the entire matter was aired in public, in what was a contentious meeting.

Brady was said by critics to have trouble finishing assignments, and some Assembly members said that although he is a nice man, he has an unfixable management style.

Some members of the public spoke in favor of retaining Brady, who moved from Green River, Utah in 2017, where he had served as a Green River city Council member from 2008-2011 and was a county commissioner for two years.

The meeting can be heard here.

Full dividend fails House vote, 21-15

On Day 147 of the 2019 legislative session, the Capital Budget was finally on the House floor, and lawmakers debated Amendment No. 1: a full statutory $3,000 Permanent Fund dividend.

34 of the 36 members present in the House rose to speak for or against the amendment, and in the end it failed, 21-15.

The Republican minority voted for the entire $3,000 dividend, with Rep. Gabrielle LeDoux and Rep. Tammie Wilson joining them, and the Democrat-led majority voted against it.

Many of those who spoke in favor of the statutory formula for determining the dividend said it was about restoring the trust of the people. Before the Walker Administration, the dividend was calculated based on the five-year rolling average of the performance of the Permanent Fund.

Rep. Tiffany Zulkosky, pictured above, who represents one of the poorest parts of the state, said her vote against the full dividend was because she wanted to balance the needs of the people in her district for the cash they would get now vs. future services they also told her they wanted. Rep. Adam Wool echoed those remarks.

Rep. Geran Tarr said the Mountain View Community Council in her district told her they preferred services over getting their dividend, and Rep. Harriet Drummond of Spenard-Midtown said that her constituents told her loud and clear they want to be taxed to preserve government spending. She said no kindergartner should have a PFD, nor someone in high school, for that matter.

Rep. Louise Stutes of Kodiak said people told her to do whatever she needs to do to protect government programs.

The amendment was offered by Rep. Dave Talerico of Healy, who made the case for following the statute established in the early 1980s for calculating the dividend. But 21 of the members did not agree with him.

It appears now that the dividend will be part of the next special session of the Legislature, which will be called after this session ends on June 15, or whenever either the House or Senate gavels out. The only thing accomplished in this special session is an operating budget, which is heading to the governor’s desk for a signature.

MRAK Almanac: Ship Creek combat fishing

PRODUCED BY KOBE RIZK

The MRAK Almanac is your place for political, cultural, and civic events, events where you’ll meet political leaders or, if you are interested in getting to know your state, these are great places to meet conservative- and moderate-leaning Alaskans.

Denali Climbing Report:

The number of climbers to summit Denali this season rose to 232 this week. That’s about 100 more summits than had been completed a week ago. There are 497 climbers currently on the mountain, and odds tell us that just under half will successfully summit North America’s highest peak. NPS wrote: “Pretty perfect skies all up and down the mountain – clear, calm. Warm mid-day temps are more conducive to napping than skiing, but overnight and early morning travel is perfect.”

6/12: Governor’s Water and Wastewater Works Advisory Board will meet via teleconference. This meeting is open to the public and the board will be discussing changes to their disciplinary regulations as well as hear reports from several water services contractors. Read more here.

6/12: Have extra seedlings, or want to trade some with other gardeners? The Anchorage library system will hold a plant exchange at Gerrish Library in Girdwood at 6 pm. More information here.

6/12: The Alaska Police Standards Council will hold its 134th general meeting beginning at 8 am. The meeting is open to the public, but the council will eventually move into non-public executive session. Physical location is in Juneau, but there are also call-in capabilities. More information here.

6/12: Free lecture on Unmanned Aerial Systems at UAF in the Murie Building auditorium. Come learn more about drones and other unmanned aircraft and how they are being used in Alaska. Begins at 7 pm.

6/12: The Federal Subsistence Board will hold a tribal consultation session via teleconference beginning at 10 am. The purpose of the meeting will be to foster discussion between tribal leadership and Federal Subsistence Board leadership about ongoing policies and actions. Agenda here.

6/12: Joint luncheon between the Kenai and Soldotna Chambers of Commerce. Begins at noon at the Soldotna Regional Sports Complex.

6/12: Regular meeting of the Soldotna City Council at 6 pm. The council will introduce the proposed FY20 budget as well as approve funds for the Redoubt Rehabilitation Project. Detailed agenda here.

6/12-6/16: 60th annual Alaska State PITA (Pacific International Trapshooting Association) Trap Shoot in Fairbanks. Read more here.

6/13: Live After Five concert series in Town Square Park starting at 5:30 pm. This concert will feature the 9th Army Kodiak Rock Band.

6/13: Regular meeting of the Kenai Airport Commission. Set to gavel in a 6 pm in the Kenai City Council chambers. Agenda here.

6/13: The Federal Subsistence Board will hold a public hearing in Fairbanks at 5 pm to discuss changes the harvest limit for caribou in Units 20E, 20F, and 25C. Will take place at Pike’s Waterfront Lodge. Read more here.

6/13: The Anchorage Community and Economic Development Committee will meet at 9 am. Passage through this committee is an important “first step” in Anchorage’s marijuana business application process, and they are set to review two new applications at this meeting:

  • AR 2019-217 The Herbal Cache #M19277 – Retail
  • AR 2019-218 Mary Jane’s Cannabis Emporium #M18117 – Retail

See the agenda here.

6/13: Deadline for public comment on the federal Bureau of Land Management’s new Bering Sea-Western Interior Resource management plan. Read more here.

6/13: The Haines Borough Planning Commission will meet at 6:30 pm in the Haines Borough Assembly chambers. The commission is set to discuss a proposal to join a new ferry authority system with Skagway to make up for the potential loss of service from the Alaska Marine Highway System. Agenda packet here.

6/13-6/16: 25th Annual Last Frontier H.O.G. Rally in Wasilla. Check in at Denali Harley-Davidson. Registration required, visit Facebook link here.

6/14: The Anchorage Salmon Derby begins, running until June 23. This annual classic is one of America’s only urban fishing competitions, and there are thousands of dollars of prizes available to the anglers who reel in the biggest King Salmon from Ship Creek. Make sure you pick up a free derby ticket before you wet a line! Visit this link for more details.

6/14: The Republican Women of Fairbanks will hold their annual Summer Salad Spectacular at the home of Linda Anderson, 3165 Riverview Drive, at 5:30 pm. To attend, please bring a $25 donation and a salad or appetizer to share. For more information, please call 474-9081.

Alaska History Archive:

June 12, 1960: President Dwight D. Eisenhower made his one and only visit to Alaska as President. Eisenhower had signed the Alaska Statehood Act as president and oversaw much of Alaska’s transition from territory to state—but he ironically spent almost only one day in the Last Frontier.  The president’s visit in 1960 included an address to troops at Elmendorf Air Force Base and a parade-style motorcade through downtown Anchorage. Click here for a rare video of Eisenhower’s parade through Anchorage, courtesy of the Alaska Film Archives.

June 13, 1994: A federal jury declared Exxon Corporation financially liable for the impacts of the 1989 Exxon Valdez Oil Spill in Prince William Sound. The lawsuit, brought by almost ten thousand Alaskan fishermen, focused on the question of whether the spill was simply an accident or was a result of direct negligence by Exxon executives and tanker captain Joe Hazelwood. The June 13 jury decision allowed fishermen to seek a combined $16 billion in punitive damages, in addition to the $1.5 billion that Exxon had already agreed to pay.